Understanding 5 important rights will help prevent you from incriminating yourself.
We have many wonderful legal protections in this country that are designed to ensure fair treatment by the police and fair trials for all. However, police are not always forthcoming about these rights. You will be much better off learning your rights now so that you can confidently avail yourself of them if you are ever stopped or arrested by an officer of the law.
The Right to Remain Silent
First of all, understand that you have the right to remain silent or to refuse to answer police questions that could reveal incriminating information. This is true regardless of whether or not police have read you your Miranda Rights yet. If you wish to exercise your right to remain silent, calmly inform police of this fact.
The Right to Refuse Consent to a Search
If police ask permission to search your person, your car, or your home, you have the right to refuse consent. Other than the very limited “incident to arrest” type searches, which consist of patting down your body, examining your bags, and searching the area within your immediate control for weapons, police must have a warrant to conduct a search. If police already had this warrant, they would not be asking your permission but instead would be showing you the warrant and going about their business.
The Right to Leave
Unless you are under arrest, the police cannot detain you against your will. However, it is best to ask whether you are free to go and receive an affirmative response before trying to leave. If you are arrested, police have 48 hours to convince the prosecutor to bring charges against you or else you will be free to go at that point.
The Right to a Local Phone Call
If arrested, you have the right to make a local phone call. If you choose to call your criminal defense attorney, police must provide privacy and cannot listen in on the call.
The Right to an Attorney
It is in your best interests to ask for an attorney as soon as you are arrested. When the police give you the Miranda Warning, this should be your cue to ask for an attorney if you have not already done so. You may hire your own attorney or use a court-appointed one. Wait for your attorney to arrive before answering any further questions.
